Being charged with federal drug crimes can result in harsh penalties and can negatively affect your family life, career, and ability to secure housing.
If you’re facing these charges, a criminal defense attorney can develop solid defense strategies to protect your rights.
Fight an Unlawful Search
One of the most common defense strategies for federal crime charges is arguing that law enforcement did not have probable cause or reasonable suspicion to search your person, property, or vehicle. Probable cause is the belief that a crime is being committed or is about to be committed. Reasonable suspicion is a lower standard that allows for a brief investigatory stop.
A valid search warrant is usually required for a search to be lawful. If law enforcement does not meet these standards, the search may not be lawful. An unlawful search occurs when law enforcement has no warrant, probable cause, or other legal justification to search. This can lead to the suppression of evidence in court, weakening the prosecution’s case and improving the defense’s position.
Challenge the Prosecution’s Evidence
Another defense strategy involves challenging the prosecution’s evidence. There are several ways to do this, including:
Challenging the Quantity
One applicable argument focuses on the quantity of drugs allegedly involved in the case. This can help cast doubt on the prosecution’s claim, particularly in drug trafficking cases. This defense strategy can also impact the severity of charges.
Challenging the Credibility of Witnesses
Questioning the credibility of witnesses can help undermine the prosecution’s case and highlight any inconsistencies in testimony, primarily when informants or cooperating individuals testify against the defense.
Challenging Lab Testing Procedures
Proving errors made during testing can help raise doubt about the reliability of the prosecution’s evidence. Being able to reveal any potential inaccuracies can also help the defense.
Challenging the Admissibility of Evidence
Another way to challenge the evidence is by seeking to have it deemed inadmissible. This claim can focus on procedural errors or defendant rights violations.
Proving any of these claims can significantly weaken the prosecution’s case.
Prove You Were Not in Possession of the Drug
Demonstrating that you did not have the controlled substance in question is a crucial defense strategy that can exonerate you and ensure you get justice in court.
Argue Lack of Knowledge
Finally, arguing a lack of knowledge about any controlled substance being present is another strong strategy. This is particularly true where the defendant was unaware of the involvement in any criminal activity or any controlled substances in their presence.
Hire an Experienced Criminal Defense Lawyer
Our criminal defense attorneys at Broden & Mickelsen, LLP have over 60 years of combined defense experience. As board-certified specialists in criminal appellate law and criminal law by the Texas Board of Legal Specialization, we provide comprehensive representation at the trial and appellate levels in federal and state cases. Contact our defense team now to schedule a free and confidential consultation to discuss your legal options.
